Senate Bill sb2496c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                    CS for CS for SB 2496

    By the Committees on Commerce; Health Policy; and Senator
    Haridopolos




    577-2475-07

  1                      A bill to be entitled

  2         An act relating to stem cell research; creating

  3         s. 381.99, F.S.; providing a short title;

  4         providing definitions; creating the Stem Cell

  5         Research and Ethics Advisory Council within the

  6         Department of Health; providing for membership

  7         and terms; providing duties and

  8         responsibilities; providing per diem and travel

  9         expenses, subject to a specific appropriation;

10         requiring the Secretary of Health to make

11         grants-in-aid from the Biomedical Research

12         Trust Fund for stem cell research subject to a

13         specific appropriation; providing requirements

14         relating to applications for and awards of such

15         grants-in-aid; providing specifications for

16         moneys to be made available from the trust fund

17         for stem cell research grants-in-aid; providing

18         restrictions and requirements for uses of funds

19         from such grants-in-aid; amending s. 20.435,

20         F.S.; revising provisions relating to funding

21         sources of and use of funds in the Biomedical

22         Research Trust Fund; amending s. 381.86, F.S.;

23         providing an exception to the Institutional

24         Review Board's exclusive authority to review

25         certain biomedical and behavioral research on

26         human subjects to allow for the Stem Cell

27         Research and Ethics Advisory Council's duties

28         and responsibilities with respect to such

29         research; requiring the Department of Health to

30         prepare and distribute, subject to a specific

31         appropriation, a publication regarding the

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         process, options, medical uses, risks, and

 2         benefits of umbilical cord blood collection;

 3         providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 381.99, Florida Statutes, is

 8  created to read:

 9         381.99  Florida Hope Offered through Principled,

10  Ethically Sound Stem Cell Research Act.--

11         (1)  SHORT TITLE.--This section may be cited as the

12  "Florida Hope Offered through Principled, Ethically Sound Stem

13  Cell Research Act."

14         (2)  DEFINITIONS.--As used in this section, the term:

15         (a)  "Adult stem cell" means a cell found within

16  differentiated tissue or an organ that can renew itself and

17  give rise to the major cell types of the tissue or organ. This

18  includes cells from the fetal to adult stages of development,

19  including bone marrow.

20         (b)  "Amniotic stem cell" means a stem cell extracted

21  from human amniotic fluid.

22         (c)  "Cord blood stem cell" means a stem cell extracted

23  from a human umbilical cord.

24         (d)  "Placental stem cell" means a stem cell extracted

25  from a human placenta.

26         (e)  "Embryonic stem cell" means a stem cell obtained

27  from the undifferentiated inner mass of an early stage embryo.

28         (f)  "Stem cell" means a cell that can renew itself and

29  retains the potential to generate some or all other cell

30  types.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         (3)  STEM CELL RESEARCH AND ETHICS ADVISORY

 2  COUNCIL.--There is created the Stem Cell Research and Ethics

 3  Advisory Council within the Department of Health.

 4         (a)1.  The advisory council shall consist of the

 5  Secretary of Health or his or her designee, who shall act as

 6  chair, and six additional members, who shall be appointed as

 7  follows:

 8         a.  Two persons appointed by the Governor, one of whom

 9  shall be an academic researcher in the field of stem cell

10  research and one of whom shall have a background in bioethics.

11         b.  One person appointed by the President of the

12  Senate, who shall have a background in private-sector stem

13  cell funding and development or public-sector biomedical

14  research and funding.

15         c.  One person appointed by the Speaker of the House of

16  Representatives, who shall have a background in private-sector

17  stem cell funding and development or public-sector biomedical

18  research and funding.

19         d.  One person appointed by the President of the

20  Senate, who shall have a background and experience in either

21  public-sector or private-sector stem cell research and

22  development.

23         e.  One person appointed by the Speaker of the House of

24  Representatives, who shall be an executive of a biotech

25  company, or his or her designee.

26         2.  Each member shall demonstrate knowledge and

27  understanding of the ethical, medical, and scientific

28  implications of stem cell research. Each member shall serve a

29  term of 2 years commencing on July 15, 2007. No member shall

30  serve for more than two consecutive 2-year terms; however, for

31  the purpose of providing staggered terms, of the initial

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1  appointments, three members shall be appointed to a 1-year

 2  term and three members shall be appointed to a 2-year term.

 3  Any vacancy on the advisory council shall be filled in the

 4  same manner as the original appointment. All initial

 5  appointments shall be made by July 15, 2007. The first meeting

 6  shall take place no later than August 15, 2007. All meetings

 7  are subject to the call of the chair. Members shall meet at

 8  least twice a year or as often as necessary to discharge their

 9  duties but shall have no more than four meetings during any

10  12-month period. Members shall serve without compensation but

11  may be reimbursed for per diem and travel expenses in

12  accordance with s. 112.061, subject to a specific

13  appropriation in the General Appropriations Act.

14         (b)  The advisory council shall:

15         1.  Develop a donated funds program for recommendation

16  to the Secretary of Health to encourage the development of

17  funds other than state appropriations for human adult,

18  amniotic, cord blood, and placental stem cell research in the

19  state.

20         2.  Examine and identify specific ways to improve and

21  promote for-profit and not-for-profit human adult, amniotic,

22  cord blood, and placental stem cell and related research in

23  the state, including, but not limited to, identifying both

24  public and private funding sources for such research,

25  maintaining existing human adult, amniotic, cord blood, and

26  placental stem cell-related businesses, recruiting new human

27  adult, amniotic, cord blood, and placental stem cell-related

28  businesses to the state, and recruiting scientists and

29  researchers in such fields to the state and state

30  universities.

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         3.  Develop a biomedical research grant program for

 2  recommendation to the Secretary of Health that shall provide

 3  grants-in-aid to eligible state institutions for the

 4  advancement of human adult, amniotic, cord blood, and

 5  placental stem cell research.

 6         4.  Develop, no later than September 15, 2007, an

 7  application for grants-in-aid under this section for

 8  recommendation to the Secretary of Health for the purpose of

 9  conducting human adult, amniotic, cord blood, and placental

10  stem cell research.

11         5.  Review applications from eligible institutions for

12  grants-in-aid on and after September 15, 2007, and provide to

13  the Secretary of Health recommendations for grant awards.

14         6.  Review the stem cell research conducted by eligible

15  institutions that receive such grants-in-aid.

16         7.  Review all stem cell research that is funded or

17  supported in any manner through the Biomedical Research Trust

18  Fund to ensure the adherence to ethical and safety guidelines

19  and procedures as set forth by federal ethical standards

20  established by the United States Department of Health and

21  Human Services.

22         (c)  The advisory council shall submit an annual

23  progress report on the status of biomedical research in the

24  state to the Florida Center for Universal Research to

25  Eradicate Disease and to the Governor, the Secretary of

26  Health, the President of the Senate, and the Speaker of the

27  House of Representatives by June 30. The report must include:

28         1.  The amount of grants-in-aid awarded to eligible

29  institutions from the Biomedical Research Trust Fund.

30         2.  The names of the recipients of such grants-in-aid.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         3.  The current status and progress of stem cell

 2  research in the state.

 3         4.  A list of research projects supported by

 4  grants-in-aid awarded under the program.

 5         5.  A list of publications in peer-reviewed journals

 6  involving research supported by grants-in-aid awarded under

 7  the program.

 8         6.  The total amount of biomedical research funding

 9  currently flowing into the state.

10         7.  New grants for biomedical research that were funded

11  based on research supported by grants-in-aid awarded under the

12  program.

13         8.  All other materials the advisory council deems

14  advisable to include.

15         (d)  Advisory council members shall disclose any

16  conflict of interest or potential conflict of interest to the

17  Secretary of Health.

18         (e)  The Department of Health shall provide

19  administrative staff to assist the advisory council in

20  developing the application for the grants-in-aid, reviewing

21  the applications, preparing the written consent form described

22  in paragraph (5)(b), and performing other administrative

23  functions as the advisory council requires.

24         (4)  BIOMEDICAL RESEARCH TRUST FUND AND

25  GRANTS-IN-AID.--

26         (a)  The Secretary of Health shall make grants-in-aid

27  from the Biomedical Research Trust Fund in accordance with the

28  provisions of this section, subject to a specific

29  appropriation in the General Appropriations Act.

30         (b)  The Department of Health shall require any

31  applicant for a grant-in-aid under this section, for the

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1  purpose of conducting stem cell research, to submit a complete

 2  description of the applicant's organization, the applicant's

 3  plans for stem cell research, the applicant's proposed funding

 4  for such research from sources other than the state, and the

 5  applicant's proposed arrangements concerning financial

 6  benefits to the state as a result of any patent, royalty

 7  payment, or similar right resulting from any stem cell

 8  research made possible by the awarding of the grant-in-aid.

 9  The advisory council shall provide recommendation to the

10  Secretary of Health with respect to awarding such

11  grants-in-aid.

12         (5)  USE OF FUNDS; REQUIREMENTS AND RESTRICTIONS.--

13         (a)  Funds provided under this section may only be used

14  for research involving:

15         1.  Human adult stem cells. Funding for research may be

16  given for human adult stem cells derived from postmortem

17  tissues, other than from medically induced abortions. Funds

18  may be used for studies of human adult stem cells obtained

19  from either normal or transformed tissues.

20         2.  Amniotic stem cells extracted from human amniotic

21  fluid that are otherwise discarded after birth.

22         3.  Cord blood stem cells extracted from a human

23  umbilical cord that are otherwise discarded after birth.

24         4.  Placental stem cells extracted from a human

25  placenta that are otherwise discarded after birth.

26         (b)  Adult, amniotic, cord blood, and placental stem

27  cell material may only be donated for research purposes with

28  the informed consent of the donor.

29         (c)  No funds shall be used for research with human

30  embryonic stem cells that are derived by a process entailing

31  the donor embryo's death or destruction.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         (d)  Funds provided under this section may only be used

 2  for research that is conducted in facilities located in this

 3  state.

 4         Section 2.  Paragraph (h) of subsection (1) of section

 5  20.435, Florida Statutes, is amended to read:

 6         20.435  Department of Health; trust funds.--

 7         (1)  The following trust funds are hereby created, to

 8  be administered by the Department of Health:

 9         (h)  Biomedical Research Trust Fund.

10         1.  Funds to be credited to the trust fund shall

11  consist of funds deposited pursuant to ss. s. 215.5601,

12  288.955, and 381.99 and any other funds appropriated by the

13  Legislature. Funds shall be used for the purposes of the James

14  and Esther King Biomedical Research Program, and the William

15  G. "Bill" Bankhead, Jr., and David Coley Cancer Research

16  Program, and the Florida Hope Offered through Principled,

17  Ethically Sound Stem Cell Research Act as specified in ss.

18  215.5602, 288.955, and 381.922, and 381.99. The trust fund is

19  exempt from the service charges imposed by s. 215.20.

20         2.  Notwithstanding the provisions of s. 216.301 and

21  pursuant to s. 216.351, any balance in the trust fund at the

22  end of any fiscal year shall remain in the trust fund at the

23  end of the year and shall be available for carrying out the

24  purposes of the trust fund. The department may invest these

25  funds independently through the Chief Financial Officer or may

26  negotiate a trust agreement with the State Board of

27  Administration for the investment management of any balance in

28  the trust fund.

29         3.  Notwithstanding s. 216.301 and pursuant to s.

30  216.351, any balance of any appropriation from the Biomedical

31  Research Trust Fund which is not disbursed but which is

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1  obligated pursuant to contract or committed to be expended may

 2  be carried forward for up to 3 years following the effective

 3  date of the original appropriation.

 4         4.  The trust fund shall, unless terminated sooner, be

 5  terminated on July 1, 2008.

 6         Section 3.  Subsection (1) of section 381.86, Florida

 7  Statutes, is amended to read:

 8         381.86  Institutional Review Board.--

 9         (1)  The Institutional Review Board is created within

10  the Department of Health in order to satisfy federal

11  requirements under 45 C.F.R. part 46 and 21 C.F.R. parts 50

12  and 56 that an institutional review board review all

13  biomedical and behavioral research on human subjects which is

14  funded or supported in any manner by the department, except

15  that a separate Stem Cell Research and Ethics Advisory Council

16  shall be appointed under s. 381.99.

17         Section 4.  (1)  The Department of Health shall prepare

18  an educational publication, subject to a specific

19  appropriation in the General Appropriations Act, that includes

20  objective information regarding:

21         (a)  The medical processes involved in the collection

22  of umbilical cord blood;

23         (b)  The medical risks to the mother and her newborn

24  child of umbilical cord blood collection;

25         (c)  The options available to a mother relating to stem

26  cells that are contained in the umbilical cord blood after the

27  delivery of her newborn, including:

28         1.  Discarding the stem cells;

29         2.  Donating the stem cells to a public umbilical cord

30  blood bank;

31  

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1         3.  Storing the stem cells in a family or private

 2  umbilical cord blood bank for use by family members; or

 3         4.  Storing the stem cells for family use through a

 4  family or sibling donor banking program that provides free

 5  collection, processing, and storage where there is a medical

 6  need;

 7         (d)  The current and potential future medical uses,

 8  risks, and benefits of umbilical cord blood collection to a

 9  mother, her newborn child, and her biological family;

10         (e)  The current and potential future medical uses,

11  risks, and benefits of umbilical cord blood collection to

12  persons who are not biologically related to a mother or her

13  newborn child;

14         (f)  Any costs that may be incurred by a pregnant woman

15  who chooses to make an umbilical cord blood donation;

16         (g)  Options for ownership and future use of the

17  donated umbilical cord blood; and

18         (h)  The average cost of public and private umbilical

19  cord blood banking.

20         (2)  The department shall update the publication as

21  necessary.

22         (3)  The department shall distribute the publication

23  free of charge to physicians and health care institutions on

24  request and shall make the publication available on its

25  website in a printable format.

26         (4)  The department shall encourage health and maternal

27  care professionals providing health care services to a

28  pregnant woman, when those health care services are directly

29  related to her pregnancy, to provide the pregnant woman with

30  the publication by the end of her second trimester.

31         Section 5.  This act shall take effect July 1, 2007.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                    CS for CS for SB 2496
    577-2475-07




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 2496

 3                                 

 4  This committee substitute is different from the committee
    substitute as filed in the following ways:
 5  
    -    Removes both the $20 million appropriation for 2006-2007
 6       and the recurring $20 million appropriation;

 7  -    Combines the Research Advisory Council and the Biomedical
         Ethics Advisory Council into the Stem Cell Research and
 8       Ethics Advisory Council;

 9  -    Requires that any cell material donated for research must
         be done with the donor's consent; and
10  
    -    Limits the use of funds in this section for research
11       conducted at Florida facilities.

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.